Federal Authority and its Opponents: Judicial Federalism, the Bank War, Tariff Controversy, and Stat

1
Federal Authority and its Opponents Judicial
Federalism, the Bank War, TariffControversy, and
States' Rights Debates
2
King Andrew

• During his two terms in office Andrew Jackson
  exercised his veto power more than any other
  President before him.
• His opponents saw this use as excessive and
  unwarranted.
• In 1832 President Jackson vetoed a bill that
  would have established a second bank of the
  United States.
• This bill was seen as a political move on the
  part of Jackson's opponents.
• President Jackson strongly opposed a second bank
  and made his feelings on the situation well
  known.

3
Veto Message Regarding the Bank of the United
States

• In his veto message to the Senate, Andrew Jackson
  outlines his grievances with the charter of the
  second bank of the United States.
• Jackson sites the problems that will arise from
  investment in the Bank by only 25 people and
  foreign entities.
• He is fearful of the political and economic
  ramifications of a second bank.

4
Tarrif of 1828

• In 1828, Vice President John C. Calhoun began to
  differ with Andrew Jackson over the question of
  states' rights.
• While Jackson began supporting the federal
  government vis-a-vis the states, Calhoun took the
  oppositie view.
• When the Tariff of 1828 was imposed, Calhoun was
  opposed to such an act. He drafted a speech to
  air his greviances.
• "With these views the committee are solemnly of
  the impression, if the present usurpations and
  the professed doctrines of the existing system be
  persevered in, after due forebearance on the part
  of the State, that it will be her sacred duty to
  interposes duty to herself, to the Union, to the
  present, and to future generations, arid to the
  cause of liberty over the world, to arrest the
  progress of a usurpation which, if not arrested,
  must, in its consequences, corrupt the public
  morals and destroy the liberty of the country. "

5
Tariff of 1832

• In order to keep peace with the South and to
  prevent succession, in particular that of South
  Carolina, Andrew Jackson proposed a new tariff.
• This tariff was slightly lower than that of 1828,
  but was not low enough to appease the south.
• South Carolina continued to threaten
  nullification in response to the two tariffs.
• In this proclamation, Andrew Jackson defends his
  tariffs and declares nullification illegal.

6
The Debates over States' Rights

• At the height of the Tariff Controversy, debates
  began about the rights of states.
• In his inaugural address as Governor of South
  Carolina, Robert Y. Hayne (1791-1839) outlines
  the reasons his state has for nullification.
• One of the main reasons sited is the unwarranted
  tariffs put into place by Andrew Jackson.

7
Antifederalist No. 17

• In opposition to Federal authority Brutus,
  describes the limitations that the Constitution
  places on state authority.
• In particular, he sites that articles one and
  eight make it clear that there is no need for
  state governments
• "It appears from these articles, that there is no
  need of any intervention of the State
  governments, between the Congress and the people,
  to execute any one power vested in the general
  government, and that the Constitution and laws of
  every State are nullified and declared void, so
  far as they are or shall be inconsistent with
  this Constitution, or the laws made in pursuance
  of it, or with treaties made under the authority
  of the United States. The government, then, so
  far as it extends, is a complete one, and not a
  confederation. It is as much one complete
  government as that of New York or Massachusetts
  has as absolute and perfect powers to make and
  execute all laws, to appoint officers, institute
  courts, declare offenses, and annex penalties,
  with respect to every object to which it extends,
  as any other in the world. "

8
Judiciary Act of 1789

• The Judiciary Act of 1789, the first act of
  Congress, establishes the federal courts system.
• The Act outlines the jurisdiction and duties of
  the courts.
• In particular, section 25, describes the courts
  jurisdiction and power of final say over all
  matters, including those of individual states.
• "the decision is against the title, right,
  privilege, or exemption, specially set up or
  claimed by either party, under such clause of the
  said Constitution, treaty, statute, or
  commission, may be re-examined, and reversed or
  affirmed in the Supreme Court of the United
  States upon a writ of error,"

9
Antifederalist No. 22

• In the Antifederalist No. 22, Candidus, writes
  about the alternatives to a federal Constitution.
  
• This plan outlines seven suggestions for the
  Constitution including judicial power and
  states' rights.
• "The advocates for the Constitution, have always
  assumed an advantage by saying, that their
  opposers have never offered any plan as a
  substitute the following outlines are therefore
  submitted, not as originating from an individual,
  but as copied from former resolutions of
  Congress, and united with some parts of the
  Constitution proposed by the respectable
  convention."

10
Federalist No. 39

• James Madison shows his support for the federal
  judiciary in the Federalist No. 39.
• He describes what constitutes a republican
  government and its components and strengths
  including a federal judiciary or as he refers to
  it a tribunal.
• "What, then, are the distinctive characters of
  the republican form? Were an answer to this
  question to be sought, not by recurring to
  principles, but in the application of the term by
  political writers, to the constitution of
  different States, no satisfactory one would ever
  be found "